John Doe Corp. 1 v. Huizenga Managers Fund, LLC

Plaintiffs filed civil complaints and application to proceed under a fictitious name, alleging that they were LLCs, 1 organized under laws of Cayman Islands and operating an investment fund with its principal place of business there, and the other an LLC organized under Delaware law and operating an investment fund through principal place of business in Cayman Islands. Plaintiffs alleged that Defendants entered into Agreements to purchase equity interests in Investment Fund of which Plaintiffs were members and/or managers, but that Defendants violated nondisparagement and confidentiality provisions in those Agreements. Plaintiffs could not assert the attorney-client privilege as to production of documents requested in discovery, because they are dissolved entities without a manager or other representative with authority to invoke the privilege on their behalf.  Contempt finding vacated, as Plaintiffs' counsel's noncompliance with discovery order was based on a good faith effort to secure interpretation of issue of attorney-client privilege. (HUDSON and BIRKETT, concurring.)